SUP 15.8 Notification in respect of particular products and services
Management of occupational pension scheme assets
Individual Pension Accounts
Insurers' commission clawback
- (1)
An insurer must notify the FCA20in respect of any firm (the "intermediary") as soon as reasonably practicable if:
20- (a)
any amount of commission due from the intermediary to the insurer in accordance with an indemnity commission clawback arrangement remains outstanding for four months after the date when the insurer gave notice to the intermediary that the relevant premium had not been paid; or
- (b)
any amount of commission due from the intermediary to the insurer as a result of either the cancellation of an investment agreement or overpayment of commission remains outstanding for four months after the date on which the insurer gave notice to the intermediary that cancellation or overpayment had occurred.
- (a)
- (2)
A notification in (1):
- (a)
need not be given unless the total amounts outstanding under (1)(a) and (b) in respect of the intermediary exceed £1,000; and
- (b)
must give the identity of the intermediary and the amount of commission which remains outstanding.
- (a)
- (3)
In (1) an "indemnity commission clawback arrangement" is an arrangement under which:
- (a)
an insurer pays commission to an intermediary before the date on which the premium is due under the relevant investment agreement; and
- (b)
the insurer requires repayment of the commission, if the investment agreement is terminated by reason of a failure to pay a premium.
- (a)
11Money service business and trust or company service providers11
- (1)
467In accordance with regulation 2317 of the Money Laundering Regulations, with effect from 26 June 201717 , a firm is required to notify the FCA:20
1111111120to operate a money service business or a trust or company service provider.11
11 - (2)
The notification referred to in (1) should be made in accordance with the requirements in SUP 15.7 (Form and method of notification)
467A firm which is already operating a money service business or a trust or company service provider11 immediately before 26 June 201717 is required by the Money Laundering Regulations to notify the FCA20 of that fact within 30 days17 and should do so in the manner specified in SUP 15.8.4 G(2)17.
1111112011Delegation by UK UCITS management companies14
If a UK UCITS management company intends to delegate to a third party any one or more of its functions for the more efficient conduct of its business, it must first inform the FCA20 in an appropriate manner.14
1420[Note: article 13(1)(a) of the UCITS Directive]14
A UK UCITS management company14 which delegates any of its functions to a third party must, as well as complying with SUP 15.8.6 R,13 comply with the requirements in SYSC 8.1.13 R (Additional requirements for a management company) and COLL 6.6.15 A R.14
138139CTF providers
- (1)
9If a firm begins or ceases to hold itself out as acting as a CTF provider, it must notify the FCA20 as soon as reasonably practicable that it has done so.
20 - (2)
A firm that acts as a CTF provider must provide theFCA,20 as soon as reasonably practicable, with details of:
20- (a)
any third party administrator that it engages;
- (b)
details of whether it intends to offer HMRC allocated CTFs12; and
12 - (c)
whether it intends to provide its own stakeholder CTF account.
- (a)
MCD credit intermediaries
16A tied MCD credit intermediary must notify the FCA, as soon as reasonably practicable, if it intends to cease acting on behalf of and under the full responsibility of any firm.
16A MCD credit intermediary must notify the FCA, as soon as reasonably practicable, if it intends to start acting on behalf of and under the full responsibility of any firm.
Credit institutions providing account information services or payment initiation services
18Unless SUP 15.8.13D applies, a full credit institution must notify the FCA before it starts to provide an account information service or a payment initiation service.
18A full credit institution which:
- (1)
prior to 13 January 2018, started to provide a service which, if provided on or after 13 January 2018, would have constituted an account information service or a payment initiation service; and
- (2)
continues to provide an account information service or a payment initiation service on 13 January 2018,
must notify the FCA that it is providing account information services or payment initiation services by 10 February 2018.
18A notification required under SUP 15.8.12 or SUP 15.8.13 must include a description of the account information service or payment initiation service that is being or is to be provided.
18The notification required under SUP 15.8.12 or SUP 15.8.13 must be made in accordance with the requirements in SUP 15.7 (Form and method of notification).